By Mark Miller
March 1 Talk about an easy lay-up shot.
Buried in President Obama's 2013 budget is a proposed tax break
that would make retirement easier to manage for half of
America's seniors - at very low cost to government coffers.
The administration proposes exempting seniors from the rules
requiring them to take distributions from tax-deferred
retirement accounts starting at age 70½, so long as their total
balances don't exceed $75,000. The exemption would benefit fully
half of the owners over that age of IRA, 401(k) and other
tax-deferred accounts from the required minimum distribution
Distributions from these accounts are taxed as ordinary
income in the year of withdrawal. The proposal would simplify
tax compliance for seniors - a significant benefit, since
failure to comply with RMD rules triggers a 50 percent penalty
on whatever funds should have been withdrawn in a given year.
"From a planning standpoint, you have to take the RMD,
because the penalty is the worst excise tax in existence," says
Rande Spiegelman, vice president of financial planning at
The change also would give seniors greater flexibility in
determining when to draw down their savings. Some would be able
to delay withdrawals, allowing their accounts to stay invested
and continue to grow.
"It's only a proposal, so it's hard to know where it will go
this year," IRA expert Ed Slott says. "But it's a very positive
idea, because it would remove unnecessary complexity for
millions of seniors. If it doesn't make it this year, I hope it
will somewhere down the road," he adds. "I don't know who would
be against it."
IRAs and 401(k)s are designed to provide tax deferral during
retirement savers' working years. The RMD rules are meant to
ensure that the funds are used for retirement, and not passed
along to heirs.
Almost all seniors with tax-deferred holdings of $75,000 or
less spend that money to support themselves in retirement,
rather than passing the money on to heirs. That means the impact
on tax collections would be minor. The administration projects
the lost tax revenue at $355 million over 10 years. If approved,
the new tax rule would be effective for taxpayers who reach age
70½ on or after Dec. 31 this year.
The rule would exclude amounts in plans paid into annuities
- a proposal that ties into another administration proposal to
encourage use of annuities in 401(k) and IRAs.
Another RMD rule change was proposed - but dropped - in the
U.S. Senate this year. That plan would have limited the time
allowed for the liquidation of inherited funds from IRAs or
401(k)s. (). Currently, heirs can
choose between taking a lump sum distribution, or stretching out
distributions over many years. Heirs who do take the
longer-range distributions from these so-called "stretch IRAs"
can, in turn, pass on the accounts to their own beneficiaries,
allowing the assets to yield tax-sheltered returns for decades.
The Senate proposal would have placed a five-year limit on
retirement account liquidations.
The future of income tax rates is the most critical question
facing IRA and 401(k) owners. Absent any other action, the Bush
tax cuts will expire at the end of 2012, which would restore
Clinton-era income tax rates on distributions. The top marginal
bracket would return to 39.6 percent, with additional brackets
at 36 percent, 31 percent, 28 percent and 15 percent. Higher
ordinary income rates would take a bigger bite out of
withdrawals - and RMDs can push retirees into higher brackets.
There's also a risk that RMDs could trigger higher taxes on
Social Security, or high-income surcharges on Medicare premiums.
What will happen to tax rates is anyone's guess, with
control of the White House and Congress up for grabs. But tax
rates seem more likely to be higher than lower over time,
considering record high federal budget deficits and historically
low interest rates.
"I certainly wouldn't hold my breath waiting for lower rates
than we have now," Spiegelman says.
Spiegelman advises retirees to pay close attention to where
they sit in their current tax bracket, and to carefully manage
flows out of tax-sheltered accounts to avoid bracket creep.
"If you're in the 15 percent bracket and you have another
$10,000 to go before you move into the next bracket, that's a
reason to take out some money now, right up to the cusp of the
next bracket, and take advantage of the lower rate."
Another option is converting tax-sheltered assets to a Roth
IRA, which gets tax payments out of the way.
"Once you convert, your money grows tax free in your
lifetime, and you pass along more to your beneficiaries," Slott
says. "Moving to tax-free territory is something I always
encourage because it takes the uncertainty about tax out of your